The majority of car accident personal injury cases settle through negotiations. But that doesn’t necessarily mean that you have to resolve your case before taking it to trial. In fact, settling your claim may not be your best option. Therefore, before taking any final action to resolve your case, you need to fully assess the situation so that you make the choice that’s best for you.
But how do you know if settlement is right for you and your case? It’s a fact-sensitive question to answer, but let’s look at what you need to consider as you analyze the positioning of your case.
How can you tell if settlement is your best option in your personal injury case?
You only have one opportunity to secure the compensation that you deserve. So, you have to make sure that you make the decision that best positions you for a full recovery and that offsets your losses as much as possible. So, when you sit down at the negotiating table, you should take the following considerations into account:
- The strength of your case, including your ability to prove the nature and extent of your damages.
- Any weaknesses in your case, such as evidentiary issues that might make it more difficult to prove certain portions of your case.
- The defenses available to the other side, like comparative negligence.
- The amount of the settlement in light of the damages that you’ve incurred.
- Your likelihood of success at trial.
- Your ability and willingness to wait while your case plays out in court.
There’s a lot to think about when navigating a personal injury claim. But you can’t let your stress, anxiety and uncertainty cloud your judgment when it comes to assessing a settlement option. That’s why before acting to resolve your case you should discuss your set of circumstances with your attorney.